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Montana Cannabis Laws

Montana has a long history of legal cannabis, starting in 2004 with medical use. However, years of legislative changes made medical marijuana harder to access. In 2020, voters approved Montana I-190 to legalize recreational cannabis. The state legislature then passed House Bill 701 in April 2021, which modified several aspects of the voter-approved measure. Under HB 701, the recreational law "Montana Marijuana Regulation and Taxation Act" became effective on January 1, 2022.

Every Dispensary Must Know

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Montana Marijuana Laws at a Glance

  • Track-and-Trace System: Dispensaries are required to track inventory, transfers, and sales in Metrc, Montana’s official seed-to-sale tracking system.
  • Medical Marijuana Delivery: Allowed per Mont. Admin. R. 42.39.413.
  • Purchase and Possession Limits: Registered medical marijuana cardholders can purchase and possess up to one ounce of marijuana flower or its equivalents. Consumers 21 and older can purchase and possess up to one ounce of usable marijuana, with limits on concentrated forms and edibles.
  • Taxes: Medical marijuana purchases are taxed at 4% of retail sales, while recreational purchases are taxed at 20% of retail sales. Local jurisdictions can add an additional tax of up to 3%.
  • Licensing: The Montana Department of Revenue controls the licensing of medical marijuana providers and dispensaries.

Dispensary Licensing

Dispensary Licensing Explained:

The Montana Department of Revenue controls the licensing of medical marijuana providers and dispensaries in Montana. This responsibility was previously managed by the Department of Public Health and Human Services. The adult-use program is now a separate entity under the Department of Revenue.

Here’s what you need to know to get licensed in Montana:

  1. Eligibility:
    • Any medical dispensary licensed before November 2020 and in good standing with the state can apply for a recreational license. Good standing means no infractions by state inspectors and being up to date on state, personal, marijuana, and income taxes.
  2. Fees:
    • The fee for an adult-use or medical marijuana dispensary license is $5,000 per location.
  3. Location Restrictions:
    • Dispensaries cannot be located within a city, town, or county that prohibits medical marijuana use.
    • Dispensaries must not be within 500 feet of any place of worship, school, or post-secondary school.
  4. Application Process:
  • Applicants must provide detailed information about the business, including names and addresses of all owners, and financial interest holders, and disclose any other licenses held.
  • A thorough background check is conducted for all owners and financial interest holders.
For more detailed information on the licensing process, visit the Montana Department of Revenue’s website.

Purchase and Possession Limits

Purchase Limits Explained:

Registered medical marijuana patients and adult-use consumers in Montana are subject to specific purchase and possession limits. Here are the details:

  1. Medical Marijuana Patients:
    • Daily Purchase Limit: Up to one ounce of marijuana flower or its equivalents.
    • Monthly Purchase Limit: Up to five ounces per month.
    • Equivalents:
      • 8 grams of marijuana concentrate
      • 800 milligrams of THC in infused products or edibles
  2. Adult-Use Consumers:
    • Daily Purchase Limit:
      • Up to one ounce of usable marijuana, with a limit of not more than 8 grams in concentrated form.
      • Not more than 800 milligrams of THC in edible marijuana products.
    • Cultivation: Adult-use consumers can cultivate up to two mature marijuana plants and two seedlings in a private, locked area out of public view.
  3. Medical Marijuana Cardholders:
    • Cultivation: Medical marijuana cardholders can cultivate up to four mature plants and four seedlings, also in a private, locked area out of public view.
  4. Product-Specific Limits:
    • For marijuana sold as flower, the total potential psychoactive THC may not exceed 35%.
    • Capsules: No more than 100 milligrams of THC per capsule and no more than 800 milligrams of THC per package.
    • Tinctures: No more than 800 milligrams of THC.
    • Edibles/Food Products: No more than 100 milligrams of THC per package, with a single serving not exceeding 10 milligrams.
    • Topical Products: A concentration of no more than 6% THC and no more than 800 milligrams of THC per package.
    • Suppositories/Transdermal Patches: No more than 100 milligrams of THC per item and no more than 800 milligrams of THC per package.
    • Other Products: No more than 800 milligrams of THC.

For more detailed information on Montana’s purchase and possession limits, refer to the Montana Department of Revenue’s Cannabis Control Division.

Packaging and Labels

Dispensary Packaging Explained:

Montana law mandates specific packaging and labeling requirements for cannabis products to ensure consumer safety and regulatory compliance. Here’s what you need to know:

  1. General Labeling Requirements:
    • Strain Name: The specific strain of the marijuana product.
    • Common Name: The usual name of the marijuana product (e.g., flower, edible, tincture).
    • Dispensary Information: The name of the marijuana dispensary that sold the product and the license number(s) of the cultivator and manufacturer.
    • Unique Identification Number: Generated from the seed-to-sale tracking system.
    • Date Information: Date of harvest for marijuana flower or date of manufacture for marijuana products.
    • Net Quantity: The net quantity of contents of the marijuana product, including the number of servings if it is a multi-serving product.
    • Compliance Statement: A statement indicating that the product has been tested and meets the requirements of the state of Montana.
    • QR Code: A QR code linking to the product’s certificate of analysis, with a statement informing customers they can scan the code for additional product information.
    • Universal Symbol: Available from the department’s website.
  2. Required Warnings:
    • “Keep out of reach of children and pets”
    • “This product may be addictive”
    • “This product may have intoxicating effects. Do not drive while under the influence of marijuana.”
  3. Prohibited Labeling:
    • The label must not contain any statement or information that is false or misleading.
    • Labels of manufactured marijuana products must identify the method of manufacturing and, for chemical manufacturing, the solvent used in the process.
  4. Packaging Requirements:
    • Child-Resistant Containers: All marijuana products for final sale must be packaged in child-resistant containers to prevent accidental ingestion by children.
  • Additional Requirements for Specific Products:
    • Capsules: Must include dosage and ingredient information.
    • Edibles: Must list nutritional facts and serving sizes.
    • Tinctures and Concentrates: Must indicate THC content and serving suggestions.

Taxes

Explained: Cannabis Taxation in Montana

Understanding the tax obligations is crucial for both medical and adult-use cannabis businesses in Montana. Here’s a detailed breakdown of the current tax structure for cannabis sales in the state:

  1. Medical Marijuana Taxes:
    • Tax Rate: Medical marijuana purchases are taxed at 4% of the retail sales price.
    • Application: This tax applies to all sales of medical marijuana products, including flower, concentrates, edibles, and other cannabis-infused products.
  2. Adult-Use (Recreational) Marijuana Taxes:
    • Tax Rate: Adult-use cannabis is taxed at 20% of the retail sales price.
    • Application: This higher tax rate applies to all products sold in the recreational market, from flower and edibles to concentrates and topicals.
  3. Local Jurisdictions:
    • Additional Tax: Local jurisdictions have the authority to impose an additional local-option tax of up to 3% on top of the state-imposed taxes. This means that in certain areas, the total tax rate on adult-use cannabis can reach 23%.
  4. Revenue Allocation:
    • State Programs: Revenue generated from cannabis taxes is allocated to various state programs, including healthcare services, education, infrastructure, and substance abuse treatment programs.

Local Funding: Funds from the additional local-option tax are used to support local community initiatives and improvements.

Patients and Caregivers

Medical Marijuana Program in Montana

Montana offers a comprehensive medical marijuana program for residents with qualifying medical conditions. Here’s an overview of how patients and caregivers can participate in the program:

  1. Qualifying Medical Conditions:
    • Montana residents can qualify for a medical marijuana card if they have one of the following conditions:
      • Admittance into hospice care
      • Cachexia or wasting syndrome
      • Cancer
      • Central nervous system disorder resulting in chronic, painful spasticity or muscle spasms
      • Crohn’s disease
      • Epilepsy or an intractable seizure disorder
      • Glaucoma
      • Intractable nausea or vomiting
      • Multiple sclerosis
      • Painful peripheral neuropathy
      • Positive status for HIV or AIDS
      • Post-traumatic stress disorder (PTSD)
      • Severe chronic pain
  2. Application Process:
    • Patient Requirements: To qualify, a patient must be a Montana resident, at least 18 years old (minors require a separate form), and diagnosed with one of the qualifying conditions.
    • Physician’s Recommendation: The first step is to obtain a signed recommendation from a licensed physician.
    • Application Submission: Patients must complete the Montana Medical Marijuana Program Application form, decide whether to grow their own marijuana or obtain it from a provider, and submit the form along with a copy of their state-issued ID or driver’s license. The patient registry fee is $30.
  3. Caregivers:
    • Role: Caregivers assist patients in obtaining and using medical marijuana. They must be designated by a registered patient.
    • Application: Caregivers must also complete an application process, which includes a background check. They cannot have any disqualifying drug offenses on their record.
  4. Purchasing and Possession:
    • Purchase Limits: Medical marijuana cardholders can purchase and possess up to one ounce of marijuana flower, or its equivalents in concentrates or edibles. The monthly purchase limit for medical patients is five ounces.
    • Cultivation: Medical marijuana cardholders can cultivate up to four mature plants and four seedlings in a private, locked area out of public view.
  2. Consumption:
    • Private Property: Marijuana must be consumed on private property and out of public view.

Montana Cannabis Laws FAQs

Is recreational cannabis legal in Montana?

Yes, recreational cannabis is legal in Montana for adults 21 and older. The legal framework for recreational cannabis use was established by Montana I-190 in 2020 and subsequently modified by House Bill 701 in 2021. The Montana Marijuana Regulation and Taxation Act officially took effect on January 1, 2022. Under this law, adults can legally purchase, possess, and use cannabis within the specified limits.

For more detailed information, refer to the Montana Department of Revenue.

How is marijuana taxed in Montana?

In Montana, the taxation structure for marijuana is as follows:

  • Medical Marijuana: Purchases are taxed at 4% of the retail sales price.
  • Recreational Marijuana: Purchases are taxed at 20% of the retail sales price.
  • Local Tax: Local jurisdictions may impose an additional tax of up to 3%.

For more details on cannabis taxation, visit the Montana Department of Revenue.

How much weed can I buy in Montana?

The purchase and possession limits for cannabis in Montana are as follows:

  • Recreational Users: Adults 21 and older can purchase and possess up to one ounce of usable marijuana. Within this limit, they can have up to 8 grams of marijuana concentrate and 800 milligrams of THC in edible marijuana products.
  • Medical Marijuana Patients: Registered patients can purchase up to one ounce of marijuana flower or its equivalent per day, with a monthly limit of 5 ounces.

For more information, check the Montana Marijuana Regulation and Taxation Act.

Can dispensaries advertise in Montana?

Montana has specific regulations governing the advertising of marijuana products. Advertisements must not:

  • Be misleading, deceptive, or false.
  • Target or appeal to individuals under 21 years of age.
  • Be placed within 1,000 feet of schools, playgrounds, or other areas where children are likely to be present.

For further guidelines on advertising, see the Montana Department of Revenue.

Disclaimer: The material contained on this website and any attached or referenced pages has been compiled by UZIO for informational purposes only. It is not intended to be and is not considered to be legal advice. This post is current as of [22-July-2024]. Cannabis regulations are rapidly changing, and legal advice of any nature should be sought from legal counsel.

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